#ThisStopsToday: NOLA, Friday, Dec. 12. Lafayette Square

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“I can give you a body camera but if you don’t turn it on, what’s the point of having a camera”

“This is one of our biggest concerns – the promise of this technology as a police oversight mechanism will be undermined if individual officers can manipulate what is taped and what isn’t,” ACLU Senior Policy Analyst, Jay Stanley told Fusion.

“There needs to be very strong policies that make very clear when police officers are expected to be recording and back that up with strict enforcement,” he said.

This has relevance in light of President Obama’s plan, announced last week, to get more body cameras onto the vests of police officers nationwide. Michael Brown’s family has demanded that all police officers wear cameras.

The cameras are marketed to police departments as a way to reduce citizen complaints and litigation against officers. Steve Ward, CEO of body camera manufacturer Vievu, told Fusion, “If police officers wear body cameras, 50 percent of their complaints will go away overnight.” He said the cameras “overwhelmingly” help the officers.

The police body camera wasn’t rolling when 19-year-old Mary Hawkes was shot and killed by an Albuquerque police officer in April. The police officer’s camera was turned off when the officer fired his weapon. Just this week, the officer involved was fired after an internal probe found he turned off his camera at least four times. It’s very rare for officers to be fired for failing to properly use body cameras.

In New Orleans this summer, a police officer had her body camera turned off when she shot a 26-year-old man in the forehead during a traffic stop. The case is still under investigation. The department told Fusion there have been 39 internal affairs investigations involving the use of body cameras this year. So far, 17 of those officers were investigated and sanctioned while four were cleared of any wrongdoing. A report conducted by an independent monitor assigned by the U.S. Department of Justice released in August found cameras, including body cameras and the more prevalent police dashboard cameras, were not used in 60 percent of the use of force incidents reported between January to May 2014.

In an email to Fusion, the New Orleans Police Department said it is working to “build a solid system of accountability,” recently introducing “new activity sheets that officers must fill out in the field to “document that they are wearing a working body-worn camera.”

The Ft. Worth, TX Police Department didn’t provide detailed data about violations of body camera policies. According to documents provided to Fusion, the police department found all allegations made against police officers since Jan. 1 of this year – with or without body camera evidence – were either “unfounded” or “did not result in discipline.”

“A lot of people are pinning their hopes on the cameras, but the reality is we have to change the culture of policing,” said Miami-Dade Public Defender Carlos Martinez. “That’s changing peoples’ hearts and that’s very difficult to do.”

HT: Michelle Alexander via Facebook

INVESTIGATION OF 5 CITIES FINDS BODY CAMERAS USUALLY HELP POLICE. Fusion.net, 12/7/14.

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Anonymous: #OpAnonVerdict

Kelly Thomas: http://bit.ly/1rHQ8u4
John Crawford: http://bit.ly/1y1oDOt
Tamir Rice: http://bit.ly/1ymvYXS
Dillon Taylor: http://bit.ly/1ysDzVD
Samantha Ramsey: http://bit.ly/15Ivxhd
Tanisha Anderson: http://bit.ly/1xEXMq2
#OpKKK: http://bit.ly/1vvwjGq
#OpTamirRice: http://bit.ly/1ysEOEi
#OpJohnCrawford: http://bit.ly/1ysEmGa
#OpDarrienHunt: http://bit.ly/1uTNfTg

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No Fucking Indictment in Eric Garner’s Death

No indictment for officer who killed Eric Garner. Associated Press/The Grio, 12/3/2014.

Fuck.

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For Thanksgiving

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….

 

mourn

Darren Wilson will face no charges in Michael Brown’s shooting death. The Grio.

Ferguson Prosecutor Robert McCulloch Gives Bizarre Press Conference. HuffPo.

Darren Wilson Told Grand Jury That Michael Brown Looked Like A ‘Demon’. TPM.

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Bit(ch) 21: That I-Survived Spidey Sense

At one point yesterday, halfway through a sentence, handing over a bolt cutter, my Spidey sense went off—because of a mix up, I was alone in the house with 2 crews of working men, about 7-8 in all, 1 fairly well known to me, another sort of, the other strangers who poured out of a truck in front my house. My I Survived lessons kicked in—I was near 2 tool boxes, I had at least 1 ally [though from what I learned from I Survived, that can mean nothing at the exact moment you need it to], and my cell was in my back pocket so I was good to go.

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UPDATE: Bit(ch) 20: “simple rape”

8 highlights from Mayor Mitch Landrieu’s news conference on NOPD sex-crime scandal. nola.com, 11/18/14, 3:33 PM.

New Orleans police chief, mayor to announce NOPD task force after OIG report. WDSU.com, 11/18/14, updated 11:22 AM.

“We are looking at them because a big part of this problem is adequate supervision and system failure,” Harrison said. “So what we’re doing now is building [a] system of accountability to ensure this doesn’t happen again.”

“The second thing is the internal investigation to ascertain if we violated any criminal or any administrative laws,” Harrison said. “Then we will prosecute them to the fullest extent of the law…all the way up to termination.”

“We’re looking for who gave instruction, who missed this, how did this system break [and] how we did miss this,” Harrison said.

from the live press conference on WDSU.com:

“a failure of leadership”

“make sure every case involving a child is looked at thoroughly”

Much progress made 4 years ago didn’t seem to reach these detectives and their supervisors will also be investigated to see how all this shit slipped through. All the cases will be re-examined like cold cases—witnesses re-interviewed, evidence re-examined, etc. Much faith expressed in Cmdr. Noel by community groups and advocates.

“reconstruct the unit–it’s reconstructed now”

“we missed it, we need to go back and fix it”

“building a new system of accountability”

“since the DOJ report of 2011…”

“when we got here the complete department was in disarray”

“we’d actually made great progress in the department over the past 2 years…I’m very thankful for all the reforms we have in place”

“most in this department are doing incredible work every day”

“we have to earn the people’s trust that we’re going to do the right things for the right reasons”


 

RS 14:43
§43.  Simple rape
A.  Simple rape is a rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of a victim because it is committed under any one or more of the following circumstances:
(1)  When the victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of mind produced by an intoxicating agent or any cause and the offender knew or should have known of the victim’s incapacity.
(2)  When the victim, through unsoundness of mind, is temporarily or permanently incapable of understanding the nature of the act and the offender knew or should have known of the victim’s incapacity.
(3)  When the female victim submits under the belief that the person committing the act is her husband and such belief is intentionally induced by any artifice, pretense, or concealment practiced by the offender.
B.  Whoever commits the crime of simple rape shall be imprisoned, with or without hard labor, without benefit of parole, probation, or suspension of sentence, for not more than twenty-five years.
Acts 1978, No. 239, §1; Acts 1990, No. 722, §1; Acts 1995, No. 946, §2; Acts 1997, No. 862, §1; Acts 2001, No. 131, §1; Acts 2001, No. 301, §1; Acts 2003, No. 232, §1; Acts 2003, No. 759, §1; Acts 2010, No. 359, §1.


Detective D
Detective D was assigned 11 simple rape cases during the three year time period. Five had no supplemental reports documenting any investigative effort beyond the initial report; one had no file at all; and one was presented to the DA’s Office. Detective D told at least three different individuals that Detective D did not believe that simple rape should be a crime.
* In one case, Detective D wrote that no DNA evidence was discovered. However, this was directly contradicted by Louisiana State Police DNA Laboratory records which showed
that DNA evidence had been discovered.
* In another case, the victim went to the hospital for a SANE examination. The SANE nurse reported that the victim said that she was receiving threatening text messages from the assailant; however, there was no documentation that Detective D attempted to obtain any phone records or text messages. The SANE Nurse also collected potential DNA evidence from the victim that was collected in a sexual assault kit; however, a review of LSP DNA Laboratory records revealed that Detective D never submitted the kit for testing. A review of the sex crimes log book maintained by the Special Victims Section revealed that Detective D made an entry for this case which stated that Detective D would not submit the kit to the DNA lab because the sex was consensual. [emphasis added]

Report of Inquiry into Documentation of Sex Crimes Investigations by Five Detectives in the Special Victims Section of the New Orleans Police Department. Office of Inspector General, City of New Orleans, 11/12/14. PDF.

Detective D and the others in the audit have been identified by the NOPD and reassigned. Not necessarily in that order.

The five detectives — Akron Davis, Merrill Merricks, Derrick Williams, Damita Williams and Vernon Haynes — represented the majority of the Special Victims Section, which had between eight and nine detectives throughout the three-year period.

All are now patrolling the streets. Davis, who was the lone child-abuse detective, has been transferred to the 5th District in the St. Claude area. (Read a summary of problems found with Davis’ work.) Merricks was moved to the 2nd District Uptown, and the remaining three were all moved to the 7th District in eastern New Orleans.

They were identified as particularly unproductive by the inspector general’s office last spring while auditors were looking into a pattern of rape misclassification in the department.

Supervisors Louis Gaydosh and James Kelly were transferred to patrol duties and are also under investigation.

The crimes that leave the largest and most permanent impact left to “particularly unproductive” detectives, one of whom believes that if you are unconscious and someone puts his dick in you somewhere that that is your fault and not at all a crime. As if it’s like walking into the wrong door and just merits an “Excuse me” and a sheepish grin. Even if my front door is wide open, it’s a crime if you come in and steal my TV or car keys. The TV and car keys and car are mine, not yours, not to be taken but left alone. Close the door and move on.

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Bit(ch) 20: “simple rape”

RS 14:43
§43.  Simple rape
A.  Simple rape is a rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of a victim because it is committed under any one or more of the following circumstances:
(1)  When the victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of mind produced by an intoxicating agent or any cause and the offender knew or should have known of the victim’s incapacity.
(2)  When the victim, through unsoundness of mind, is temporarily or permanently incapable of understanding the nature of the act and the offender knew or should have known of the victim’s incapacity.
(3)  When the female victim submits under the belief that the person committing the act is her husband and such belief is intentionally induced by any artifice, pretense, or concealment practiced by the offender.
B.  Whoever commits the crime of simple rape shall be imprisoned, with or without hard labor, without benefit of parole, probation, or suspension of sentence, for not more than twenty-five years.
Acts 1978, No. 239, §1; Acts 1990, No. 722, §1; Acts 1995, No. 946, §2; Acts 1997, No. 862, §1; Acts 2001, No. 131, §1; Acts 2001, No. 301, §1; Acts 2003, No. 232, §1; Acts 2003, No. 759, §1; Acts 2010, No. 359, §1.


Detective D
Detective D was assigned 11 simple rape cases during the three year time period. Five had no supplemental reports documenting any investigative effort beyond the initial report; one had no file at all; and one was presented to the DA’s Office. Detective D told at least three different individuals that Detective D did not believe that simple rape should be a crime.
* In one case, Detective D wrote that no DNA evidence was discovered. However, this was directly contradicted by Louisiana State Police DNA Laboratory records which showed
that DNA evidence had been discovered.
* In another case, the victim went to the hospital for a SANE examination. The SANE nurse reported that the victim said that she was receiving threatening text messages from the assailant; however, there was no documentation that Detective D attempted to obtain any phone records or text messages. The SANE Nurse also collected potential DNA evidence from the victim that was collected in a sexual assault kit; however, a review of LSP DNA Laboratory records revealed that Detective D never submitted the kit for testing. A review of the sex crimes log book maintained by the Special Victims Section revealed that Detective D made an entry for this case which stated that Detective D would not submit the kit to the DNA lab because the sex was consensual. [emphasis added]

Report of Inquiry into Documentation of Sex Crimes Investigations by Five Detectives in the Special Victims Section of the New Orleans Police Department. Office of Inspector General, City of New Orleans, 11/12/14. PDF.

Detective D and the others in the audit have been identified by the NOPD and reassigned. Not necessarily in that order.

The five detectives — Akron Davis, Merrill Merricks, Derrick Williams, Damita Williams and Vernon Haynes — represented the majority of the Special Victims Section, which had between eight and nine detectives throughout the three-year period.

All are now patrolling the streets. Davis, who was the lone child-abuse detective, has been transferred to the 5th District in the St. Claude area. (Read a summary of problems found with Davis’ work.) Merricks was moved to the 2nd District Uptown, and the remaining three were all moved to the 7th District in eastern New Orleans.

They were identified as particularly unproductive by the inspector general’s office last spring while auditors were looking into a pattern of rape misclassification in the department.

Supervisors Louis Gaydosh and James Kelly were transferred to patrol duties and are also under investigation.

The crimes that leave the largest and most permanent impact left to “particularly unproductive” detectives, one of whom believes that if you are unconscious and someone puts his dick in you somewhere that that is your fault and not at all a crime. As if it’s like walking into the wrong door and just merits an “Excuse me” and a sheepish grin. Even if my front door is wide open, it’s a crime if you come in and steal my TV or car keys. The TV and car keys and car are mine, not yours, not to be taken but left alone. Close the door and move on.

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hctiB G: What I Learn from I Survived

originally posted Feb 11, 2012


See I Survived…I Survived…I Survived…, July 1, 2011, for background.

 

1. For women: When a man threatens with a gun or knife and tells you to do what he says and he won’t hurt you, he will hurt you whether you comply or not.

1A. “You won’t get hurt” doesn’t count rape, gang rape, or being beaten. It means, and only temporarily, that you will not be killed.

1B. Whether you resist or not, you have a 50% or so chance of surviving. You lose nothing by resisting or saying no, running or fighting with whatever you have.

1C. Begging for your life means nothing. If he wants to and has come to kill you, no appeal to humanity, not his and especially not yours, will change the course of events.

2. If you are taken away from your original location, it is unlikely that you will be returned to that location, alive or dead.

3. If you are lost in a blizzard or dangerous cold, eating snow may satisfy your thirst but it will lower your core body temperature and make you more vulnerable to hypothermia.

4. If your gut tells you something is wrong, with a situation, a person, an open door, a light that shouldn’t be on, do not second-guess yourself. Back away, leave the car locked, hide. Don’t think you can talk your way out of it. Don’t ignore your fear. Too many stories begin with a survivor double-guessing herself or himself, sensing danger ahead, dismissing it because of ____ [I know this man, he looked clean-cut, she always seemed nice, I was tired, I didn’t want to be rude, etc.], ending with the survivor in a trunk or bleeding or blacking out with hands around the throat.

5. People are capable of evil. You cannot tell by looking at someone whether he or she is evil or not. Heed lesson #4.

6. An animal predator may give up the attack if you make it harder for it to kill you [blows to its head or eyes, a hard fight, someone nearby also fighting, etc.]. At some point, it may decide you’re not worth the struggle and simply walk away.

7. You cannot prepare for evil. Evil happens.

I knew this before I Survived.

8. Hope can be regained in even the most dire moments. Thoughts of family, goals, a brief pause in the abuse, an appeal on TV that family is looking for you and don’t give up, a shower, dawn. Any shard of hope is enough.

9. Most people will not help, even if, and especially if, you are covered in blood, holding a gunshot wound, or naked and bleeding. Cars slow down and speed off. People don’t believe their eyes or fear their lives will be in danger if they stop or help. They call 911 on you. They tell you, I’m sorry but I can’t open the door, I’m so sorry.

10. Think. Survivors are thinkers, plotters, schemers, those who can keep a corner of clarity in the mind, who resist the panic as much as they can, who don’t jump into the icy water but scan for the best option using whatever they can muster or remember.

10A. You can fall apart later, when you hear the police at the door or outside the trunk, see the headlights, hear the paramedic or police officer or son or neighbor speak.

10B. Though it may not prevent you from getting hurt, being a bit smarter than your attacker can save your life.

10C. Also, being more determined than your attacker. See #6.

11. You will lose something. A foot. A best friend. Safety, temporarily. Childhood. Hikes in the woods. But not everything, or what is most important.

__________

Screenshot: Biography, I Survived videos: Kaye: Intruder.

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